(1) At the licensee's expense, hemp from each lot grown at each cultivation site registered with the department shall be sampled for compliance with the acceptable hemp THC level prior to harvest and tested by an approved testing facility. After such lot sample is taken, the lot represented by the sample shall be harvested within fifteen days. The results of such tests shall be certified directly to the department by the approved testing facility prior to harvest. The test results shall identify the lot for the hemp represented by the sample.
(2) The department may, at its discretion, conduct sampling and testing of any hemp from any licensee at any time.
(3) The department may adopt and promulgate rules and regulations governing the sampling and testing of hemp, including, but not limited to, the number of samples required, the procedure for gathering samples, and certification of the test results to the department.
(4) Testing of hemp required under this section shall be conducted pursuant to standards adopted by the department using post-decarboxylation or other similarly reliable methods for the testing of delta-9 tetrahydrocannabinol concentration. The testing methodology shall consider the potential conversion of delta-9 tetrahydrocannabinolic acid in hemp into THC and the test results shall measure total available THC derived from the sum of the THC and delta-9 tetrahydrocannabinolic acid content.
(5) Testing of hemp shall be conducted by an approved testing facility.
(6) The department shall create and maintain a list of approved testing facilities.
(7) The entire hemp plant is not required to be submitted for testing.
(8) The test sample shall be obtained in compliance with the federal Agriculture Improvement Act of 2018.
(9) The requirements of this section shall be sufficient for both dioecious and monoecious cultivars.
(10) The approved testing facility shall provide a report giving the results of the potency analysis of each sample. Measurement of uncertainty shall be estimated and reported with test results. Laboratories shall use appropriate validated methods and procedures for all testing activities and evaluation of measurement of uncertainty. For tests directed by the department, the report shall be provided to the licensee and a copy of the report shall be issued to the department. The report shall be provided before the harvest date, if applicable.
(11) When a test result is adverse, the department may require a licensee to have further tests done and may require harvesting and destruction of any plants in any portions of the site containing noncompliant plants.